Services
1. INTRODUCTION.
Elite Digital Information Services, Inc. (�EliteDigital�) provides its Internet services, as they may exist from time to time (�Services�), to users who pay a monthly service fee to subscribe to the Services (�Members�) as well as to those who access some of our Services but do not have accounts (�Visitors�). By establishing an account or using the Services, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement, our Acceptable Use Policy and other policies.
If you do not agree to the terms and conditions of this Agreement, including any future revisions, you may not use the Services and if you are a current Member, you must terminate your use of the Services under Section 10.
2. SUBSCRIPTION REQUIREMENTS.
Members must be at least 18 years old. Local access dial-up numbers may not be available in all areas. You are solely responsible for determining if use of a particular dial-up number will cause you to incur long-distance, toll, or other charges. EliteDigital is not responsible for any long-distance, toll or other telecommunications charges you incur. Toll-free (800 #), international, and simultaneous login access costs are extra. Current prices for EliteDigital�s Services are posted throughout our website at http://www.EliteDigital.net. EliteDigital reserves the right to change prices and institute new fees at any time upon 15 days prior notice.
3. PAYMENT OBLIGATIONS OF A MEMBER.
| (a) | Members must (i) provide EliteDigital with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to EliteDigital all changes to this information within thirty (30) days of the change. Members are responsible for any charges to their account. |
| (b) | Members having questions regarding charges to an account, should contact EliteDigital�s customer service staff at 1.305.223.0535. All charges are considered valid unless disputed in writing within sixty (30) days of the billing date. Adjustments will not be made for charges that are more than 45 days old. |
| (c) | Charges are billed to Members� credit cards or debit cards, as applicable, each month for the basic service and any additional usage or services. EliteDigital is not responsible for any charges or expenses (e.g for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by EliteDigital. |
| (d) | If paying by check, payments are due within 7 days after the month in which the charges are incurred has begun, unless otherwise noted in your statement. |
| (e) | If you pay for Services through a prepayment plan, automatic billing described above shall only apply to the charges not paid for through the prepayment plan. |
| (f) | If you purchase Services through a reseller who in turns pays EliteDigital, the reseller must pay all amounts owing for your account. If the reseller fails to pay EliteDigital any amounts due�whether or not you have paid the reseller�your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due. |
| (g) | Delinquent accounts may be suspended or canceled at EliteDigital�s sole discretion; however, charges will continue to accrue until the account is canceled. EliteDigital may bill an additional charge to reinstate a suspended account. |
4. SECURITY.
Upon registration, Members receive a username, password, and account number. You and members of your household or business, if a business account, are the only authorized users of your EliteDigital account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify EliteDigital immediately upon discovering any unauthorized use of your account.
Using a personal account for commercial use is prohibited. Email accounts exceeding 10MB in size may, at EliteDigital�s discretion, be transferred to a compressed temporary file or storage. EliteDigital may delete the temporary file from the server 60 days after notifying you. Any Web site exceeding the MB limits set for the account may be suspended until the Member reduces the disk space usage to within stated limits or purchases additional storage space. Any Web site exceeding traffic limits for the account will be billed for excess traffic or suspended: at EliteDigital’s discretion.
Members agree not to use any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless actively using it. Members agree not to provide any public information services over a dial-up connection.
EliteDigital may change its Point-of-Presence or dialup access numbers at any time. EliteDigital reserves the right to direct Members to use certain numbers to access the Service or to restrict use of specific access numbers. Usernames, passwords and email addresses are EliteDigital�s property and EliteDigital may alter or replace them at any time.
5. SERVICE MONITORING.
EliteDigital has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if EliteDigital, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its Members. EliteDigital may immediately remove your material or information from EliteDigital�s servers, in whole or in part, which EliteDigital, in its sole and absolute discretion, determines to infringe another�s property rights or to violate our Acceptable Use Policy.
6. DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITY.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY EliteDigital, WE DO NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. EliteDigital HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE SERVICES ARE PROVIDED ON AN �AS IS� AND �AS AVAILABLE� BASIS. EliteDigital DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EliteDigital MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH EliteDigital OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY EliteDigital OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. EliteDigital AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, EliteDigital�S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
7. WEB SITE USAGE.
Our site on the World Wide Web with its home pages operated by EliteDigital (the “Web site”) is a complimentary information service offered by EliteDigital at no charge to users.
We may provide links on the Web site to other Web sites which are not under our control. In general, any Web site which has an address (or URL) which does not contain �EliteDigital.com�, �EliteDigital.net�, “mindspring.com” or “mindspring.net” is such a Web site. These links are provided for convenience only and are not intended as an endorsement by EliteDigital of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.
You may provide a hypertext link to our Web site on another Web site, provided that: (a) the link must be clearly marked “EliteDigital.Net”, (b) the link must “point” to the URL “http://www.EliteDigital.Net” and not to any other pages within the Web site, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our name and trademark(s), (d) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by EliteDigital , (e) the link, when activated by a user, must display this Web site full-screen and not within a “frame” on the linked Web site, and (f) EliteDigital may, in its sole discretion, revoke consent to link to our website at any time. All other hypertext links to the Web site must be approved in writing by EliteDigital.
Some portions of the Web site are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by EliteDigital. EliteDigital assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold EliteDigital harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to this site and any associated chat rooms or discussion areas, you will indemnify EliteDigital from any claims made by third parties regarding the material that you provide. Personal information posted by you to the Web site is posted at your own risk. EliteDigital will have no liability arising from use of that information . You shall not use the Web site to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You agree that you will not post, upload or otherwise introduce a virus or other harmful code onto the Web site.
Your posting of material on the Web site or providing material to EliteDigital to use on the Web site will be deemed to be a grant by you to EliteDigital of a license to the material to include the material on the Web site and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material .
8. TERM OF AGREEMENT.
Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and, if you are a Member, to terminate your account.
9. TERMINATION.
You may terminate your account at any time and for any reason by providing notice of intent to terminate to EliteDigital by:
- registered or certified mail, return receipt requested addressed to EliteDigital Inc., 9470 SW 11th Street, Suite #102, Miami, FL 33174-3070 or appropriate forms marked with a “Cancellation Request Code”, which can be requested by contacting EliteDigital’s Customer Service at 1.305.223.0535, and faxed to the same.
Email termination of access account will not be accepted. To terminate Web Hosting and/or Business Services, you must call (305) 223-0535 Your termination will only be complete upon your receipt of a cancellation confirmation from EliteDigital.
Charges to your account will stop accruing the day EliteDigital provides you with a cancellation confirmation number. Based on your billing cycle, charges accrued prior to your termination may apply after you receive a cancellation confirmation.
If your account included space on EliteDigital�s servers, anything stored on this space will be deleted upon termination.
Without prior notice, EliteDigital may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if EliteDigital, in its sole discretion, believes you have violated this Agreement, our Acceptable Use Policy, or any of the applicable policies, or if you fail to pay any charges when due. EliteDigital may provide termination notice to you, at it’s sole discretion, by: email addressed to your email account or by US Mail or courier service to the address you provided for the Services. All notices to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.
Sections 3, 4, 6, and 10 of this Agreement shall survive termination of this Agreement.
10. JURISDICTION.
This Agreement is governed by Florida State Law. Thus, the federal and state courts located in Florida alone have jurisdiction over all disputes arising out of or related to this Agreement and the Services. You consent to the personal jurisdiction of such courts sitting in Florida with respect to such matters or otherwise between you and EliteDigital, and waive your rights to removal or consent to removal.
11. MISCELLANEOUS.
This Agreement, the Acceptable Use Policy and EliteDigital�s other policies posted on EliteDigital�s Web site constitute the entire agreement between you and EliteDigital with respect to your use of the Services.
EliteDigital may revise, amend, or modify this Agreement and any other policies and agreements, at any time and in any manner without direct notice. Notice of any revision, amendment, or modification will be posted on EliteDigital’s Web site (http://www.EliteDigital.net) and/or on Member’s start pages and/or by email and/or in our various publications and mailings to Members at EliteDigital’s discretion.
Revision date: 10/30/2000